Sir Andrew McFarlane, the president of the family division, delivered a speech at the John Cornwell lecture at the Family Mediation Association Conference. He stated:
“It is put forward gently, rather than a statement of a firm conviction, but I wonder how well the term ‘mediation’ is understood by the parent in the street. I suspect that for some it is confused with conciliation, and then reconciliation or even marriage guidance. It may sound, to parents who may be angry, hurt and heavily defended as altogether too soft an option for them at that time. For others, mediation may be perceived simply as a “hurdle to jump” before getting to court, and not as a serious route to a sustainable solution in its own right.
I may be wrong, but I suspect that I am not alone. If I am right, the message of what you are offering is either not getting out there or it is the wrong message. What mediation offers is a structured and safe environment in which those in dispute can discuss and hopefully resolve their problems. It is professional help with problem solving. If someone’s car breaks down, the advertising message is “Call the AA, the 3rd Emergency Service”. I feel that “Family Mediation” needs a strapline that sits, in bigger font, above the word “mediation” along the lines of “Need to resolve problems with your Ex? Don’t go to court, call FMA – we can help you both work out a way forward on your own terms.”
McFarlane’s announcement gives an insight into how mediation could look in the future as the government has backed this as an alternative to keep disputes away from court, even suggesting mediation will be made compulsory.
McFarlane touched on this possibility as he stated parents be required to attend an “IAM” instead of a “MIAM” (mediation information assessment meeting). He commented:
“That is, the meeting to which both parents should be required to attend should be with a generalist professional who can impart information, guidance and advice more generally about parenting after separation, or, as it may be, resolution of financial issues.
The advice would include basic neutral advice about the law and the legal structure. It should, in my view, also include a description of ‘what normal looks like’, along the lines proposed in the EI [early interventions] model.”
